Few things matter more than your time with your children. Whether you are divorcing, were never married to the other parent, or need to change an order that no longer works, MDR Law Group, PLLC helps parents and families in Bullitt, Nelson, Hardin, Spencer, and Jefferson Counties through custody cases. Michael spent years as a Bullitt County Assistant County Attorney prosecuting child abuse and neglect cases, so he knows how courts look at a child's safety and well-being.
Custody and timesharing in Kentucky
Kentucky separates two questions:
- Custody is about who makes major decisions for the child, such as schooling, medical care, and religion. It can be joint or sole.
- Timesharing (also called parenting time or visitation) is the schedule for when the child is with each parent.
The court decides both based on the child's best interests, giving equal consideration to each parent. Kentucky law starts from a presumption that joint custody and equally shared parenting time are in the child's best interests. A parent can overcome that presumption with evidence, and if equal time is not right for the child, the court must build a schedule that gives each parent as much time as is consistent with the child's welfare.
What the court looks at
Before anything else, the court must consider any allegations of domestic violence or child abuse or neglect and make written findings about their effect on the child. It then weighs all relevant factors, including:
- What each parent wants, and the child's own wishes
- The child's relationships with parents, siblings, and others in the child's life
- How well the child is settled at home, at school, and in the community
- The mental and physical health of everyone involved
- Any finding of domestic violence and abuse, and what it has meant for the child
Temporary orders
Custody cases take time. Either parent can ask the court for a temporary custody order that sets where the child lives and the schedule while the case is pending.
Changing an existing custody order
In most cases, a motion to modify custody cannot be filed until two years after the order, unless sworn affidavits show the child's present environment may seriously endanger the child's physical, mental, moral, or emotional health. To change custody, the court must find that circumstances have changed and that the change is in the child's best interests. Timesharing schedules can be adjusted when that serves the child's best interests.
Grandparents and other caregivers
A grandparent or other person who has been a child's primary caregiver and financial supporter may qualify as a “de facto custodian,” which gives them the same standing as a parent in a custody case. The court must find this by clear and convincing evidence, and the law sets minimum periods the child must have lived with that person. We help grandparents and other relatives with third-party custody cases.
Unmarried parents
If you were not married to your child's other parent, paternity may need to be established before the court decides custody and support. See our Paternity page.
What we help with
- Custody and timesharing in a divorce
- Custody cases between parents who were never married
- Temporary custody orders
- Modifying an existing custody or timesharing order
- Grandparent and third-party custody
- Cases involving protective orders
Talk to us
Call (502) 309-9044 or use our contact form to schedule a free consultation.
This page provides general information, not legal advice. Every case is different, and past results do not guarantee future outcomes.